Essential Contents for a Tow Hearing Request under Subchapter J.
The Most Common Mistakes
Tow hearings provide an important recovery mechanism for vehicle owners who believe their vehicle has been towed improperly. These hearings allow individuals to challenge the whether probable cause existed to tow their vehicles. These proceedings, however, were created by statute (the Texas Occupations Code) and are subject to strict statutory requirements and a limitations on determinable issues. The most common way one runs afoul of the Towing and Booting Act’s requirements is by simply not including all the information required by statute to request the hearing.
What Are Tow Hearings?
A tow hearing is a legal proceeding that allows vehicle owners to: (1) argue no probable cause existed for the tow or (2) show that the price they were charged or paid for the tow exceeded a state or locally regulated maximum fee. Contrary to popular belief, these hearings are not about whether a particular tow was “unlawful.” The process is initiated by filing a “request for a tow hearing,” which must adhere to specific statutory requirements.
Must-Haves in a Tow Hearing Request
When filing a request for a tow hearing, Occupations Code Section 2308.456 requires certain specific pieces of information be included on the application. Failure to provide any of this information can result in the waiver of the right to a hearing. For example, the following information is required:
Name, Address, and Telephone Number: Clearly state the name, address, and telephone number of the vehicle owner or operator. This information is critical for identification and contact purposes. § 2308.456(b)(1)
Location of Tow: Specify the exact location from which the vehicle was towed. § 2308.456(b)(2)
Date of Removal or Booting: Include the date when the vehicle was towed. § 2308.456(b)(3)
Authorizing Person or Agency: Provide the name, address, and telephone number of the person or law enforcement agency that authorized the tow.
Vehicle Storage Facility Location: State the name, address, and telephone number of the vehicle storage facility where the vehicle was taken.
Towing Company Information. Include the name, address, and telephone numberof the towing company that towed the vehicle.
Notices and Receipts. A copy of each receipt or notification received from the towing company or vehicle storage facility must be included.
Sign Photos or Statement of No Signs: Photograph(s) showing the signs located on the parking facility or a statement no signs were present.
These requirements are stipulated under Texas Occupations Code 2308.456. The request must be delivered in writing to the court within 14 days (excluding weekends and legal holidays) from the date the vehicle was removed and placed in the storage facility or booted. Incomplete or improperly submitted requests can lead to dismissal without a hearing.
The Importance of Complete and Accurate Information
Tow hearings are typically initiated because the vehicle owner or operator believes that the towing company failed to follow the law. However, if the request for a tow hearing is missing any of the required information, the person requesting the tow hearing will have failed to follow the exact same law (Occupations Code Chapter 2308). Millsing details frequently results in a case being dismissed, as the justice court are bound by the law, and the Occupations Code each of the pieces of information above to conduct the hearing.
Conclusion
Filing a request for a tow hearing involves more than just expressing dissatisfaction with a towing incident. It requires the compilation and submission of specific information that triggers the statutory right to a hearing under Subchapter J. By ensuring that all necessary details are included and submitted within the specified timeframe, vehicle owners can increase their chances of having their case heard and adjudicated. Those who file haphazardly or with missing information risk running afoul of the very same law they seek to use to show liability on the part of the towing company.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific legal advice regarding tow hearings or any other legal matter, please consult with a qualified attorney.